[HISTORY: Adopted by the Borough Council of the Borough of
West Reading as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-21-1997 by Ord. No. 786 (Ch. I, Part 3, of the
1993 Code of Ordinances)]
This article shall be known and may be cited as the "Code Enforcement
Ordinance of the Borough of West Reading."
A.
Creation of office of Code Enforcement. There is hereby created by
Borough Council an office of the Borough of West Reading to be known
as the "Office of Code Enforcement." The official(s) appointed thereto
by the Borough Council shall have the responsibility for administration
and enforcement of the provisions of this article and other codes
and/or ordinances of the Borough of West Reading, herein referred
to as the "applicable codes and ordinances," which designate said
Office of Code Enforcement as their official administrative and enforcement
authority.
B.
Relief from personal liability. The Code Enforcement Officer, other
officials or employees charged with the enforcement of this article
and those other codes and/or ordinances of the Borough of West Reading
who act in good faith and without malice in the discharge of their
duties shall not thereby be rendered liable personally, and the Code
Enforcement Officer is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act, required or permitted, or any omission in the discharge
of official duties. Any suit instituted against the Code Enforcement
Officer, other official or employee because of an act performed by
that person in the lawful discharge of duties shall be defended by
the Solicitor for the Borough of West Reading or his designee until
final termination of the proceedings. The Code Enforcement Officer
shall not be liable for costs in any action, suit or proceeding.
C.
Office records. An official record shall be kept of all business
and activities of the Office of Code Enforcement and all such records
shall be open to the public for inspection at all appropriate times,
except that no individual, owner, operator, occupant or other person
shall be subject to unwarranted invasion of privacy, and except that
all evidence or information shall not be disclosed except as may be
necessary in the judgment of the Code Enforcement Officer for the
proper and effective administration and enforcement of the provisions
of this article and shall not otherwise be made public without the
consent of the owner, occupant, operator or other person in charge
of the unit, structure or premises inspected. Such records shall be
retained in the official records so long as the building or structure
to which they relate remains in existence, unless otherwise provided
by other regulations.
D.
Annual report. At least annually, the Code Enforcement Officer shall
submit to the Borough of West Reading a written statement of operations
in the form and content as shall be prescribed thereby.
A.
Appointment of Code Enforcement Officer. There shall be appointed,
by Borough Council of the Borough of West Reading, a Code Enforcement
Officer, who shall be in charge of the Office of Code Enforcement
of the Borough of West Reading. The Code Enforcement Officer shall
supervise such other employees or assistants as shall be necessary
for the administration and execution of the responsibilities of said
office, as appointed and approved by Borough Council. Said Code Enforcement
Officer and other personnel shall consist of employees directly hired
and compensated by the Borough of West Reading.
B.
Approved inspection agencies. The Code Enforcement Officer shall
make all of the required inspections or may accept reports or inspections
by authoritative and recognized inspection agencies or individuals
which satisfy requirements as to qualifications and reliability. All
inspection reports shall be in writing and shall be certified by the
approved authority or responsible officer of the agency or the individual
when expert inspection services are accepted. The Code Enforcement
Officer may engage such expert opinion as may be deemed necessary
to report upon unusual technical issues that may arise subject to
the approval of Borough Council. When required by the provisions of
the code or by the approved rules, materials or assemblies shall be
inspected at the point of manufacture or fabrication.
A.
Enforcement of codes. The Code Enforcement Officer shall enforce
and administer all of the provisions of this article and of those
other applicable codes and ordinances which establish the office of
Code Enforcement as their official administration and enforcement
authority.
B.
Duties. The duties of the Code Enforcement Officer shall include
the receipt of applications and issuance of permits for the erection,
addition to, alteration, repair, removal, demolition, installation
of service equipment (plumbing, electrical, mechanical) and structures;
the issuance of all necessary notices and orders to abate illegal
or unsafe conditions to ensure compliance with this article and those
other applicable codes and/or ordinances for the safety, health and
general welfare of the public; the making of inspections to determine
compliance with the applicable codes and ordinances; the undertaking
of investigations, and other activities as may be required.
C.
Credentials. The Code Enforcement Officer or his authorized representative
shall disclose proper credentials of their respective office for the
purpose of inspecting any and all buildings and premises in the performance
of duties under the applicable code and/or ordinance where requested.
D.
Coordination of enforcement. Whenever, in the opinion of the Code
Enforcement Officer, initiating an inspection under the applicable
codes and/or ordinances, it is deemed necessary or desirable to have
inspections by any other department, the Code Enforcement Officer
shall make reasonable effort to arrange for the coordination of such
inspections so as to minimize the number of visits by representatives
of the Borough of West Reading and to confer with the other departments
for the purpose of eliminating conflicting orders before any orders
are issued. The assistance and cooperation of all other officials,
including police and fire departments, shall be available to the Code
Enforcement Officer to assist in the performance of his duties.
E.
Right of entry. Except in case of an emergency or a mutually convenient
time agreed to by the Code Enforcement Officer or his authorized representative
in discharging his duties to safeguard the safety, health and welfare
of the public and upon showing proper identification where requested,
the Code Enforcement Officer is hereby authorized to enter and inspect
between the hours of 7:00 a.m. and 7:00 p.m. any structure or premises
in the Borough of West Reading to enforce the provisions of this article
and of those other applicable codes and ordinances. Every occupant,
owner or operator of a structure or premises or their agent or employee
shall give access to any part of such structure or its premises at
reasonable times for the purpose of making such inspection, maintenance,
repairs or alterations as are necessary to comply with the provisions
of the applicable codes.
F.
Access entry refused. If any owner, operator, occupant or other person
in charge of a structure refuses, impedes, inhibits, interferes with,
restricts or obstructs entry and free access to the structure or premises
under his control, or to any part thereof, with respect to any authorized
inspection, the Code Enforcement Officer may, upon showing that probable
cause exists for the inspection, file a complaint and may petition
for and obtain an order directing compliance with the inspection requirements
of this article from a court of competent jurisdiction. Any person
who refuses to comply with such an order issued pursuant to this section
shall be subject to such penalties as may be authorized by law for
violation of a court order.
G.
Rule-making authority. The Code Enforcement Officer shall have such
power as may be necessary in the interest of public safety, health
and general welfare to interpret the intent of the applicable codes
in specific cases where it clearly appears that by reason of special
conditions, undue hardship would result from a literal application
of any section of the applicable codes. Where such undue hardship
clearly appears, the Code Enforcement Officer may permit a variance
from the literal provision of the code, but such variance shall not
have the effect of waiving working stresses or fire protection requirements
specifically provided in the code or violating accepted engineering
practice involving public safety, but will comply with the spirit
and intent of the code. If additional nonconforming conditions are
encountered during the course of any approved alteration or repair
which were not considered or known initially, the Code Enforcement
Officer shall have the authority to require compliance with this article
and other codes and/or ordinances of the Borough of West Reading.
H.
Preliminary inspections. Before issuing a permit, the Code Enforcement
Officer may examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a permit to
construct, enlarge, alter, repair, remove, demolish or change the
use thereof.
I.
Inspections. After issuing a permit, the Code Enforcement Officer
or designated inspection agency may conduct such inspections from
time to time during and upon completion of the work for which a permit
has been issued. A record of all such examinations and inspections
and of all violations of this code shall be maintained by the Code
Enforcement Officer. Upon completion of the building or structure,
and before the issuance of the certificate of use and occupancy, a
final inspection shall be made and all violations of the approved
plans and permits shall be abated. No new building or portion of an
existing building which is enlarged or altered shall be used or occupied
in whole or in part until such certificate of use and occupancy shall
have been issued by the Code Enforcement Officer. Inspections may
be as follows:
(1)
Building.
(a)
Footing and setback. To be made after trenches or basement areas
are excavated and forms erected and any required reinforcing steel
is in place and prior to placing concrete.
(b)
Foundation walls. To be made after parging and damp-proofing
is in place and prior to backfilling.
(c)
Framing. To be made after the roof, all framing, firestopping
and bracing are in place and prior to interior covering.
(d)
Final. Prior to occupancy and certification.
(4)
Other inspections.
J.
Accounting. The Code Enforcement Officer or his designees shall keep
an accurate account of all fees collected, and such collected fees
shall be deposited in the Borough of West Reading treasury or otherwise
disposed of as required by law.
A.
When permit is required.
(1)
Construction permit. This type of permit shall be issued for all
new construction on vacant land or land where a building was demolished
in preparation for construction or where construction adds to the
livable area of a residence or additional floor area of a commercial
building. Fees shall be fixed from time to time pursuant to a resolution
of Borough Council.
(2)
Alteration permit. This type of permit shall be issued when, in the
opinion of the Code Enforcement Officer, the work involved does not
increase the livable area of the residence or the floor area of a
commercial building and is not considered to be normal maintenance
or repairs. Any change in size, shape, height, type of materials,
etc., necessitates an alteration permit. The application of any type
of siding (brick, block, coating or facing of any type, shingles,
aluminum or composition siding, etc.) requires a permit. Fees shall
be fixed from time to time by Borough Council pursuant to a resolution.
(3)
Garage permit. This type of permit shall be issued for the construction
of a one- or two-car private garage when either detached from the
dwelling or connected by a breezeway. The fee shall be fixed from
time to time by Borough Council pursuant to a resolution.
(4)
Demolition permits. This type of permit shall be issued for the wrecking
of a building. The fee shall be fixed from time to time by Borough
Council pursuant to a resolution. No fee shall be charged when removal
of the building has been ordered by the Code Enforcement Officer.
(5)
Sign permit. This type of permit shall be issued for the erection
of advertising signs attached to a building or mounted on stands or
poles separate from the building. The fee shall be fixed from time
to time by Borough Council pursuant to a resolution.
B.
The term "established cost" as used in this section means the reasonable
value of all services, labor, materials, equipment, scaffolding erection
and other appliances or devices entering into and necessary to the
prosecution and completion of the work ready for occupancy, including
any and all excavation necessary for cellar or basement or private
sewerage disposal system. If, in the opinion of the Code Enforcement
Officer, the estimated cost of the work is insufficient, the Code
Enforcement Officer shall estimate a fair value and the applicant
shall be required to pay the permit fee on this amount.
C.
Where work, for which a permit is required by the code, is started
or proceeded with prior to obtaining said permit, the fee shall be
doubled, but payment of such double fee shall not relieve any person
from fully complying with the requirements of the code in the execution
of the work nor from any penalties prescribed by the code.
D.
Forms of application. The application for a permit shall be submitted
in such form as the Code Enforcement Officer may prescribe and shall
be accompanied by the required fee pursuant to the fee schedule.
E.
By whom application is made. The responsibility for applying for
and obtaining a required permit rests jointly with the owner or occupant
and the person or persons doing the work. The full name and address
of the owner, lessee, applicant and/or the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
F.
Description of work. The application shall contain a general description
of the proposed work, its location, the use and occupancy of all parts
of the building or structure and of all portions of the site or lot
not covered by the building or structure, and such additional information
as may be required by the Code Enforcement Officer.
G.
Plans and specifications. The application for the permit shall be
accompanied by one copy of specifications and of plans, drawn to scale,
with sufficient clarity and detailed dimension to show the nature
and character of the work performed. When quality of materials is
essential for conformity to the codes, specific information shall
be given to establish such quality; and the code shall not be cited,
or the term "legal" or its equivalent be used as a substitute for
specific information. The Code Enforcement Officer may waive the requirement
for filing plans when the work involved is of a minor nature. If in
the course of work it is found necessary to make any changes from
the approved plans and specifications on which a permit has been issued,
amended plans and specifications shall be submitted and, if approved,
a supplementary permit shall be issued to cover the change after the
same conditions required to secure the original permit have been satisfied.
H.
Site plan. There shall also be a site plan showing, to scale, the
size and location of all of the new construction and all existing
structures and the site distances from lot lines, the established
street grades and the proposed finished grades; and it shall be drawn
in accordance with an accurate boundary line survey. In case of demolition,
the plot plan shall show all construction to be demolished and the
locations and sizes of all existing structures, and the plan shall
show the location of water service and sewer connections with respect
to any building in which a plumbing system is to be installed. Vent
stack terminations shall be shown with respect to building ventilation
openings which could allow introduction of sewer gases into the building
or any adjacent building.
I.
Engineering details. The Code Enforcement Officer may require adequate
details of structural, mechanical, plumbing and electrical work to
be filed, including computations, stress diagrams and other essential
technical data. All engineering plans and computations shall bear
the signature of the engineer or architect responsible for the design.
Plans for building more than two stories in height shall indicate
where penetrations will be made for electrical, mechanical, plumbing
and communications conduits, pipes and systems and the materials and
methods for maintaining the required structural integrity, fire resistance
rating and firestopping.
J.
Other permits required. At the time of filing an application for
a permit, the applicant shall present to the Code Enforcement Officer
evidence that he has obtained all necessary permits, licenses, approvals
and/or variances as may be required by the laws of the Borough of
West Reading and the Commonwealth of Pennsylvania. Individuals, agencies,
boards and commissions issuing the aforesaid permits, licenses, approvals
and/or variances shall include, but not be limited to, the Zoning
Officer or Zoning Hearing Board, the County Planning Commission, the
Sewage Enforcement Officer, the Fire Chief, the State Police Fire
Marshall, the Pennsylvania Department of Labor and Industry and the
Pennsylvania Department of Community and Economic Development.
K.
Action on application. The Code Enforcement Officer shall examine
said application to determine compliance with those other applicable
codes and ordinances of the Borough of West Reading and shall, within
30 days after filing, either approve or reject said application. If
said application is rejected, the Code Enforcement Officer shall inform
the applicant in writing, stating the reasons for such rejection.
If the Code Enforcement Officer is satisfied that the proposed work
conforms to the requirements of the applicable codes, the Code Enforcement
Officer shall issue a permit therefor as soon as possible.
A.
Compliance with codes. The permit shall be a license to proceed with
the work and shall not be construed as authority to violate, cancel
or set aside the application. All work shall conform to the approved
application and plans for which the permit has been issued and any
approved amendments thereto.
B.
Signature on permit. The Code Enforcement Officer's signature shall
be attached to every permit; or the Code Enforcement Officer may authorize
a subordinate to affix such signature thereto.
C.
Payment of fees. A permit to begin work shall not be issued until
the permit prescribed by resolution adopted by the Borough of West
Reading has been paid; nor shall an amendment to a permit necessitating
an additional fee because of additional work involved be issued until
the additional fee shall have been paid.
D.
Previous approvals. This article or the applicable codes shall not
require changes in the plans, the plumbing, electrical or mechanical
system, or the construction or designated use of a building for which
a lawful permit has been issued or otherwise lawfully authorized and
the construction of which has been actively prosecuted within 90 days
after the effective date of this article and is completed with dispatch.
E.
Approvals in part. The Code Enforcement Officer may issue permits
for the construction of foundations or any other part of a building
or structure before the entire plans and specifications for the whole
building or structure have been submitted, provided adequate information
and detailed statements have been filed complying with all the pertinent
requirements of the codes. The holder of such permits shall proceed
at the holder's own risk with the building operation and without assurance
that permits for the entire structure will be granted.
F.
Permit expiration dates.
(1)
New construction: one year, provided that an extension may be requested,
in writing, and such extension may be granted by the Code Enforcement
Officer for good reason, such extension not to exceed one year.
(2)
Repairs, remodeling, alterations and additions: one year.
(3)
Demolition: three months only, and if such demolition work is not
completed within that time, any bond posted by the applicant shall
be forfeited.
(4)
Abate violations cited: same as deadline stated in violation notice.
G.
Revocation of permits. The Code Enforcement Officer may revoke a
permit or approval issued under the provisions of the codes in case
of any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based.
H.
Posting of permit. A true copy of the building permit and placard
shall be kept on the site of operations open to public inspection
during the entire time of prosecution of the work and until the completion
of the same.
I.
Notice of inspection. At least 24 hours' notice in advance for required
inspections indicated on the permit shall be given to the Code Enforcement
Officer or certified inspection agency.
A.
Notice to responsible owner, operator, occupant or other person in
charge. Whenever the Code Enforcement Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this article or of the other applicable codes
and ordinances, or whenever the Code Enforcement Officer orders a
dangerous, unsafe or unfit for human habitation structure to be closed
up and secured, vacated, repaired and/or demolished, a notice shall
be given to the responsible owner, operator, occupant or person in
charge of the structure or premises in the manner prescribed below.
B.
Form. Notice to the responsible owner, operator, occupant or person
in charge shall include the following:
(1)
Be in writing, signed by the Code Enforcement Officer or his authorized
representative.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the reasons why the notice is being issued,
the sections of the code(s) and/or the ordinances which have been
violated.
(4)
Include a correction order allowing a reasonable time, not to exceed
120 days, for the initiation and correction of the violation alleged
or of the remedial actions required, except where emergency conditions
exist which require immediate corrective action.
(5)
Include a statement indicating that the notice will become an order
if no request and approval for an extension of time is made to the
Code Enforcement Officer or if no petition for an appeal or hearing
is requested by the owner to seek modification before the Code Hearing
Board within 10 days from receipt of said notice.
C.
Service. The notice shall be served personally on the responsible
owner, occupant, operator or other person in charge or served by certified
mail, return receipt requested, postage prepaid, or where such responsible
person in charge cannot be found, service may be made by posting a
notice on or about the structure or premises and taking a picture
of said notice, or by publishing said notice in a newspaper of general
circulation for a period of three consecutive days or served by any
other method for a period of three consecutive days or served by any
other method authorized under the laws of the Commonwealth of Pennsylvania.
A.
Vacation of structures. When, in the opinion of the Code Enforcement
Officer, an emergency exists on any premises or in any structure or
part thereof, or in any defective equipment (plumbing, electrical,
mechanical) which requires immediate action to protect the public's
health and safety or that of the occupants thereof, or if there is
actual and immediate danger of failure or collapse of a building or
structure or any part thereof or when any structure or part of a structure
has fallen and life is endangered by the occupation of the building
or structure, the Code Enforcement Officer may, with proper notice
and service, issue an order reciting the existence of such an emergency
and requiring the vacating of the premises or such other action as
the Code Enforcement Officer deems necessary to meet such emergency.
Notwithstanding any other provisions of this article, such order shall
be effective immediately and the premises or equipment involved shall
be placarded immediately upon service of the order. Any person to
whom such order is directed shall comply immediately therewith and
may thereafter upon petition directed to the Code Hearing Board be
afforded a hearing as prescribed in this article.
B.
Temporary safeguards. When in the opinion of the Code Enforcement
Officer there is actual and immediate danger of collapse or failure
of a building or structure, or any part thereof, which would endanger
life, the Code Enforcement Officer shall cause the necessary work
to be done to render such building or structure, or part thereof,
temporarily safe, whether or not the legal procedure herein described
has been instituted.
C.
Closing streets. When necessary for the public safety, the Code Enforcement
Officer may temporarily close sidewalks, streets, buildings and structures
and places adjacent to such unsafe structures and prohibit the same
from being used. It shall be unlawful for any person to enter such
building or structure except for the purpose of making the required
repairs or demolishing the same.
A.
General. All buildings or structures that are or hereafter shall
become unsafe, unsanitary, unfit for human occupancy or use, or deficient
in adequate exit facilities, or which constitute a fire hazard, or
are otherwise dangerous to human life or the public welfare, or are
found unlawful involving illegal or improper use, occupancy and maintenance,
shall be condemned pursuant to the provisions of this article and
may be placarded and vacated. Said building or structure shall not
be reoccupied without approval of the Code Enforcement Officer. Unsafe
equipment shall be placarded and placed out of service. A vacant building
or structure unguarded or open at door or window shall be deemed a
fire hazard and unsafe.
B.
Unsafe structure. An unsafe structure is one in which all or part
thereof is found to be dangerous to life, health, property or the
safety of the public or its occupant by not providing minimum safeguards
for protection from fire, or because it is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation
that it is likely to partially or completely collapse. All unsafe
structures shall be declared a public nuisance and shall be taken
down and removed or made safe and secure, as the Code Enforcement
Officer deems necessary.
C.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that it is found
to be a hazard to life, health, property or safety of the public or
occupants of the premises or structure. Unsafe equipment may contribute
to the finding that the structure is unsafe or unfit for human occupancy
or use.
D.
Structure unfit for human habitation. A structure is unfit for human
occupancy or use whenever the Code Enforcement Officer finds that
it is unsafe, unlawful, because of the degree in which it lacks maintenance
or is in disrepair, is unsanitary, vermin or rat infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by the
codes, or because its location constitutes a hazard to its occupants
or to the public.
E.
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under applicable
codes, or was erected, altered or occupied contrary to law.
F.
Restoration of unsafe structure. A building or structure condemned
by the Code Enforcement Officer may be restored to safe condition,
provided change of use or occupancy is not contemplated nor compelled
by reason of such reconstruction or restoration, except that if the
damage or cost of restoration or reconstruction is in excess of 50%
of its replacement value, exclusive of foundations, such structures
shall be made to comply with the Borough of West Reading's building,
plumbing and electrical codes in all respect with the requirements
for materials and methods of construction of structures.
G.
Closing of vacant structures. If the structure or part thereof is
vacant and unfit for human habitation, occupancy or use and is not
in danger of structural collapse, the Code Enforcement Officer may
post a placard of condemnation on the premises and may order the structure
closed up so it will not be an attractive nuisance to children. The
windows and doors shall be boarded up with 1/2 inch exterior grade
plywood, or a similar material acceptable to the Code Enforcement
Officer, finished on one side with the finished side out.
A.
Vacation of structure. If the responsible owner, operator, occupant
or person in charge of the structure or premises fails to comply with
an order to repair or alter a structure condemned as unfit for human
habitation within the time given, the structure shall be vacated within
a reasonable time, as ordered by the Code Enforcement Officer.
B.
Placarding of structure. Upon issuance of an order to vacate, the
Code Enforcement Officer may placard the structure or parts thereof
or on defective equipment bearing the words "Unsafe for human occupancy
or use," and a statement of the penalties provided for any occupancy
or use or for removing the placard.
C.
Removal of placard. The Code Enforcement Officer shall remove the
condemnation placard whenever the defect or defects upon which the
condemnation and placarding actions were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Code Enforcement Officer shall be subject to the penalties
provided by this article.
D.
Prohibited use. Any person who shall occupy a placarded premises
or structure, or part thereof, or shall use placarded equipment, and
any owner or any person responsible for the premises who shall let
anyone occupy a placarded premises, shall be subject to the penalties
provided by this article.
A.
General. The Code Enforcement Officer shall make periodic inspections
of any structure vacated as unfit for human habitation or any other
vacant structure.
B.
Option by owner. If a structure is so old, deteriorated or has become
so out of repair as to be unsanitary or unfit for human habitation,
but can be made safe by repairs, the Code Enforcement Officer may
issue a notice requiring the owner to make the necessary repairs to
bring the structure into compliance with the Borough of West Reading's
codes and/or ordinances or to demolish and remove the structure, at
the owner's option. Such notice shall require the person thus notified
to immediately disclose to the Code Enforcement Officer his acceptance
or rejection of the terms of the order.
C.
Unreasonable repairs. Whenever an inspection of a structure reveals
that the structure is old, dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use and so that it would be unreasonable
to repair said structure in that the cost of such repairs would exceed
100% of the current value of such structure, said structure shall
be declared a public nuisance. The Code Enforcement Officer shall
issue a notice to the responsible owner, ordering that the structure
be removed or demolished without option on the part of the owner to
repair. All of the rubbish and refuse shall be removed from the premises
and the cellar/basement shall be filled in with clean fill, compacted
and graded to adjacent ground level.
D.
Service connection. Before a structure can be demolished or removed,
the owner or agent shall notify all utilities having service connections
within the structure, such as water, electric, gas, sewer and other
connections. A permit to demolish or remove a structure shall not
be issued until a release is obtained from the utilities, stating
that their respective service connections and appurtenant equipment,
such as meters and regulators, have been removed or sealed and plugged
in a safe manner.
E.
Notice to adjoining owners. Only when written notice has been given
by the applicant to the owners of adjoining lots and to the owners
of wired or other facilities, of which the temporary removal may be
necessitated by the proposed work, shall a permit be granted for removal
of a building or structure.
F.
Determination by Code Enforcement Officer. In the event that the
owner or agent is unable to obtain the releases, the Code Enforcement
Officer shall inspect the premises for which application has been
made to determine that the utility service connections and appurtenant
equipment have been removed or sealed and plugged in a safe manner.
A.
Notice to the owner. Whenever the Code Enforcement Officer determines
that work on any building or structure is being prosecuted contrary
to the provisions of the applicable codes and/or ordinances in an
unsafe and dangerous manner, the responsible owner of the property
involved or the owner's agent or the person doing the work shall be
notified that such work be immediately stopped.
B.
Unlawful continuance. Any person who shall continue any work in or
about the structure after having been served with a stop-work order,
except such work as that is directed to perform to remove a violation
or unsafe condition, shall be subject to the penalties provided by
this article.
A.
Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, repair, remove, demolish, use or occupy
any building or structure or plumbing, electrical or mechanical equipment
or fire suppression system regulated by this article and/or the applicable
codes and ordinances, or cause the same to be done, in conflict with
or in violation of any of the provisions of this article and/or the
applicable codes and ordinances.
B.
Occupancy without use and occupancy certificate. Any new building
hereafter erected for which a building permit was issued shall not
be used or occupied in whole or part until a certificate of use and
occupancy shall have been issued by the Code Enforcement Officer.
Notice of this requirement shall be given to each recipient of a building
permit, and failure to secure a use and occupancy certificate before
use or occupancy of a building is subject to immediate fine and costs
as prescribed in this article. No further notification as required
under this article shall be required. The building owner, by signing
the building permit, agrees not to violate any provision of the Borough
of West Reading's codes and/or ordinances and is so notified. The
use and occupancy certificate is a "license" to occupy and use the
building.
C.
Failure to comply. Whenever an order to vacate, secure, repair and/or
demolish a structure which is a public nuisance because it is unsafe,
dangerous or unfit for human habitation has not been complied with,
the Code Enforcement Officer may, in accordance with the laws of the
Commonwealth of Pennsylvania, proceed to cause the structure to be
vacated, closed up and secured, repaired and/or demolished or take
such other action as is necessary to abate the nuisance. Abatement
under this subsection shall not commence until at least 10 days after
the service of the order, except that the Code Enforcement Officer
may determine that more immediate action is required because of the
special emergency or dangerous conditions which exist.
D.
Recovery of expenses. The expenses incurred pursuant to Subsection C of this section and other applicable sections of this code and other codes and ordinances shall be paid by the responsible owner, operator or occupant or by the persons who caused or maintained such public nuisance. The Code Enforcement Officer shall file in his records an affidavit, stating with fairness and accuracy the items and dates of the expenses incurred. Borough Council may institute a suit to recover such expenses to be charged against the property as a lien or against the person or legal entity violating the code as a judgment.
E.
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order upon
whom a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of the same to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Enforcement Officer and shall furnish
to the Code Enforcement Officer a signed and notarized statement to
the grantee, transferee, mortgagee or lessee acknowledging the receipt
of such compliance order or notice of violation and fully accepting
the responsibility without condition for making the correction or
repairs required by such compliance order or notice of violation.
F.
Penalties. Any person, firm or corporation who shall violate any
provision of this article or fails to correct a violation or institute
a remedial action as ordered by the Code Enforcement Officer, or who
shall erect, construct, install, alter or repair a building or structure
or any plumbing, electrical or mechanical equipment or system in violation
of an approved plan or directive of the Code Enforcement Officer or
of a permit or certificate issued under the provisions of the Borough
of West Reading' codes shall, upon conviction before any Magisterial
District Judge, be sentenced, for each such violation, to pay a fine
not exceeding $1,000 plus costs and, in default of payment thereof,
to undergo imprisonment in the county jail for a period not to exceed
30 days. Each day that a violation continues after due notice has
been served in accordance with the terms and provisions hereof shall
be deemed a separate offense.
G.
Prosecution. The imposition of the penalties herein prescribed shall
not preclude the Solicitor representing the Borough of West Reading
from initiating, and he is hereby ordered to initiate, appropriate
actions or proceedings at law or equity for the purpose of ordering
that person:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)
To restrain or correct the erection, installation or alteration of
such structure;
(3)
To require the removal of work in violation;
(4)
To prevent the occupation or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this code or in violation of
a plan or specification under which an approval, permit or certificate
was issued.
A.
Code Hearing Board. There is hereby established a Code Hearing Board
consisting of five members.
(1)
Quorum.
A quorum of the Code Hearing Board shall exist when a majority of
members of the Code Hearing Board are present.
(2)
Financial
interest. A member of the Board shall not participate in any hearing
or vote on any appeal in which that member has a direct or indirect
financial interest, is engaged as a contractor, is engaged in the
preparation of plans and specifications, or in which that member has
any personal interest.
B.
Powers of the Code Hearing Board. The Code Hearing Board shall have
the following powers and duties:
(1)
Appeals. The Code Hearing Board shall hear all appeals made to it
and, depending on its findings, shall decide whether relief sought
in such appeals shall be granted.
(2)
Interpretation. The Code Hearing Board shall hear all appeals made
to it and, depending on its findings, shall decide whether relief
sought in such appeals shall be granted.
(3)
Variances. The Code Hearing Board may grant a variance from the strict
application of this article
or of those other applicable codes and ordinances. Such variances
may be granted only in those cases which would result in practical
difficulty or unnecessary hardship and where the public health and
safety shall not be jeopardized.
(4)
Decision
of the Board. A decision to affirm, modify or reverse the decisions
of the Code Enforcement Officer shall be made by a majority of those
present and sitting as the Code Hearing Board in any specific case.
All decisions of the Board shall also retain in its files a copy of
each decision, which files shall be available for inspection by the
public. Each decision shall set forth fully the reason for the decision
of the Code Hearing Board and the findings of fact on which the decision
was based.
(5)
Enforcement
of decision. The Code Hearing Board shall make an order on its decision,
and the Code Enforcement Officer shall take immediate action in accordance
with the decision of the Board, to carry out said order.
C.
Request
for appeals or variances.
(1)
Appeals
or variances. Any person requesting a variance or aggrieved by a decision
of the Code Enforcement Officer or by any other employee or official
charged with the administration and enforcement of this article and
of those applicable codes or ordinances may, upon petition, appeal
to the Code Hearing Board. All appeals shall be made in writing, stating
the grounds upon which the appeal is based, and shall be filed with
the Office of Code Enforcement. An appeal must be taken within 10
days of action or of the receipt of written notice of any decision
or ruling which is being appealed.
(2)
Public
hearing. The Code Hearing Board shall meet and conduct a hearing within
30 days of the receipt of a petition for an appeal or request for
a variance. All hearings shall be public and all persons whose interest
may be affected shall be given an opportunity to be heard. A record
shall be kept of all evidence and testimony presented at the hearing.
(3)
Court
review. Any person or persons aggrieved by any final order or decision
of the Code Hearing Board may appeal such order or decision within
30 days to the Court to Common Pleas in accordance with, as far as
practicable, the rules of civil procedure of the Supreme Court regarding
appeals from administrative agencies.
[Adopted 6-15-2004 by Ord. No. 899 (Ch. IV, Part 1, of the
1993 Code of Ordinances)]
The Borough of West Reading, Berks County, Pennsylvania (the
"Borough") hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 to 7210.1103, as amended from time to time
(the "Act"), and its regulations.
[Amended 11-15-2011 by Ord. No. 1004]
A.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 to 405, as amended from time to time (the "Uniform Construction
Code"), is hereby adopted and incorporated herein by reference as
the Municipal Building Code of the Borough.
B.
The terms "alteration," "repair" and "residential building" shall
have the meanings given to them in the Pennsylvania Construction Code
Act passed by the Pennsylvania Legislature on November 10, 1999 ("Act
45"), as amended by Act 92 enacted by the Pennsylvania Legislature
on July 1, 2004 ("Act 92").[1]
[1]
Editor's Note: See 35 P.S. § 7210.103, Definitions.
C.
UTILITY AND MISCELLANEOUS USE STRUCTURE
The definition of "utility and miscellaneous use structure" in Act
45, as amended by Act 92, is hereby amended in its entirety so as
to hereafter read as follows:
Buildings or structures of an accessory character and miscellaneous
structures not classified by the Building Officials and Code Administrators
International, Inc., in any specific group. The term includes carports,
detached private garages, greenhouses, sheds and all other such structures
having a building area greater than 120 square feet. The term does
not include swimming pools and spas.
D.
Subsections 104(B)(5) and (6) of Act 45, as amended by Act 92, are hereby deleted, and the Borough shall enforce the Uniform Construction Code, which has adopted the International Building Code, the International Code Council Electrical Code, the International Energy Conservation Code, the International Fire Code (See § 228-27 Adoption of International Fire Code), the International Fuel Gas Code, the International Mechanical Code, the International Plumbing Code, the International Residential Code, the International Existing Building Code, the International Wildland-Urban Interface Code and the International Code Council Performance Code for Buildings and Facilities, (collectively, "Uniform Codes"), as they apply to the alteration and repair of residential buildings.
[Amended 12-17-2019 by Ord. No. 1118]
[Amended 12-19-2006 by Ord. No. 943; 4-20-2010 by Ord. No. 992; 12-17-2019 by Ord. No. 1118; 7-18-2023 by Ord. No. 1168]
The following additions, insertions, deletions and changes are
hereby made to the Uniform Construction Code:
A.
The International Building Code, 2018 Edition, is hereby amended
as follows:
(1)
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
(2)
Section 1612.3: Insert the words "Borough of West Reading, Berks
County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
(3)
Section 1612.3: Insert the words "May 21, 2001" in place of the words
"[DATE OF ISSUANCE]."
B.
The International Code Council Electrical Code Administrative Provisions,
2018 Edition, is hereby amended as follows:
(1)
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
C.
The International Energy Conservation Code, 2018 Edition, is hereby
amended as follows:
(1)
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
D.
The International Existing Building Code, 2018 Edition, is hereby
amended as follows:
(1)
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
(2)
Section 105.2 is hereby amended in its entirety so as to hereafter
read as follows:
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105.2 Work exempt from permit. Exemptions from
permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
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Building:
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1.
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Sidewalks and driveways not more than 30 inches (762) above
grade and not over any basement or story below and that are not part
of an accessible route.
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2.
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Painting, papering, tiling, and carpeting.
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3.
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Temporary motion picture, television and theater stage sets
and scenery.
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4.
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Shade cloth structures constructed for nursery or agricultural
purposes, and not including service systems.
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5.
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Window awnings supported by an exterior wall of Group R-3 or
Group U occupancies.
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6.
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Movable cases, counters, and partitions not over 69 inches in
height.
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Electrical:
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Repairs and maintenance: Minor repair work, including
the replacement of lamps or the connection of approved portable electrical
equipment to approved, permanently installed receptacles.
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Radio and television transmitting stations: The
provisions of this code shall not apply to electrical equipment used
for radio and television transmissions but do apply to equipment and
wiring for power supply, the installation of towers and antennas.
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Temporary testing systems: A permit shall not be
required for the installation of any temporary system required for
the testing or servicing of electrical equipment or apparatus.
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Gas:
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1.
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Portable heating appliance.
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2.
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Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
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Mechanical:
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1.
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Portable heating appliance.
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2.
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Portable ventilation equipment.
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3.
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Portable cooling unit.
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4.
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Replacement of any part which does not alter its approval or
make it unsafe.
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5.
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Portable evaporative cooler.
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6.
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Self-contained refrigeration system containing 10 pounds (4.54
kg) or less of refrigerant and actuated by motors of one horsepower
(746 W) or less.
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7.
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Steam, hot, or chilled water piping within any heating or cooling
equipment regulated by this code.
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Plumbing:
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1.
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The stopping of leaks in drains, water, soil, waste, or vent
pipe; provided, however, that if any concealed trap, drainpipe, water,
soil, waste, or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new materials, such work shall
be considered as new work and a permit shall be obtained and inspection
made as provided in this code.
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2.
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The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, and the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes, or fixtures.
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(3)
Section 1401.2: Insert the words "June 15, 2004" in place of the
words "[DATE TO BE INSERTED BY THE JURISDICTION]. Note: it is recommended
that this date coincide with the effective date of building codes
within the jurisdiction]."
E.
The International Fuel Gas Code, 2018 Edition, is hereby amended
as follows:
(1)
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
(2)
Section 106.6.2 shall be amended in its entirety so as to hereafter
read as follows:
106.6.2 Fee schedule. Fees assessable by the Borough
for the administration and enforcement undertaken pursuant to this
particular code shall be established by the Borough Council by resolution
from time to time.
(3)
Section 106.6.3: Insert the words "0%" in place of the words "[SPECIFY
PERCENTAGE]" in Subsection 2; insert the words "0%" in place of the
words "[SPECIFY PERCENTAGE]" in Subsection 3.
(4)
Section 108.4: Insert the words "summary offense" in place of the
words "[SPECIFY OFFENSE]"; insert the words "$1,000" in place of the
words "[AMOUNT] dollars"; insert the words "30 days" in place of the
words "[NUMBER OF DAYS]."
(5)
Section 108.5: Insert the words "$100" in place of the words "[AMOUNT]
dollars" where they first appear; insert the words "$1,000" in place
of the words "[AMOUNT] dollars" where they secondly appear.
F.
The International Mechanical Code, 2018 Edition, is hereby amended
as follows:
(1)
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
(2)
Section 106.5.2 is hereby amended in its entirety so as to hereafter
read as follows:
106.5.2 Fee schedule. Fees assessable by the Borough
for the administration of enforcement undertaken pursuant to this
particular code shall be established by the Borough Council by resolution
from time to time.
(3)
Section 106.5.3: Insert the words "0%" in place of the words "[SPECIFY
PERCENTAGE]" in Subsection 2; insert the words "0%" in place of the
words "[SPECIFY PERCENTAGE]" in Subsection 3.
(4)
Section 108.4: Insert the words "summary offense" in place of the
words "[SPECIFY OFFENSE]"; insert the words "$1,000" in place of the
words "[AMOUNT] dollars"; insert the words "30 days" in place of the
words "[NUMBER OF DAYS]."
(5)
Section 108.5: Insert the words "$100" in place of the words "[AMOUNT]
dollars" where they first appear; insert the words "$1,000" in place
of the words "[AMOUNT] dollars" where they secondly appear.
G.
The International Code Council Performance Code for Buildings and
Facilities, 2018 Edition, is not amended at this time.
H.
The International Plumbing Code, 2018 Edition, is hereby amended
as follows:
(1)
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
(2)
Section 106.6.2 is hereby amended in its entirety so as to hereafter
read as follows:
106.6.2 Fee schedule. Fees assessable by the Borough
for the administration and enforcement undertaken pursuant to this
particular code shall be established by the Borough Council by resolution
from time to time.
(3)
Section 106.6.3: Insert the words "0%" in place of the words "[SPECIFY
PERCENTAGE]" in Subsection 2; insert the words "0%" in place of the
words "[SPECIFY PERCENTAGE]" in Subsection 3.
(4)
Section 108.4: Insert the words "summary offense" in place of the
words "[SPECIFY OFFENSE]"; insert the words "$1,000" in place of the
words "[AMOUNT] dollars"; insert the words "30 days" in place of the
words "[NUMBER OF DAYS]."
(5)
Section 108.5: Insert the words "4100" in place of the words "[AMOUNT]
dollars" where they first appear; insert the words "$1,000" in place
of the words "[AMOUNT] dollars" where they secondly appear.
(6)
Section 305.4.1 is amended in its entirety so as to hereafter read
as follows:
305.4.1 Sewer depth. Building sewers that connect
to private sewage disposal systems shall not be permitted within the
Borough.
(7)
Section 903.1 shall be amended in its entirety so as to hereafter
read as follows:
903.1 Roof extensions. Open vent pipes that extend
through a roof shall be terminated not less than 18 inches above the
roof. Where a roof is to be used for any purpose other than weather
protection, the vent extensions shall terminate at least seven feet
above the roof.
I.
The International Residential Code, 2018 Edition, is hereby amended
as follows:
(1)
Section R101.1: Insert the words "Borough of West Reading, Berks
County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
(2)
Table R301.2(1) Climatic and Geographic Design Criteria: Insert the
following:
(a)
Ground snow load: 30 pounds.
(c)
Seismic design category: B.
(e)
Winter design temperature: 13° F. See Appendix D of the
International Plumbing Code, 2018 Edition, Table D101 Degree Day,
and Design Temperatures for Cities in the United States.
(f)
Ice barrier underlayment required: Yes.
(h)
Air freezing index: 1,000.
(i)
Mean annual temperature: 50° F.
(3)
Section 2603.5.1 shall be amended so as to hereafter read as follows:
2603.5.1 Sewer depth. Building sewers that connect
to private sewage disposal systems shall not be permitted within the
Borough.
(4)
Section P3103.1 shall be amended in its entirety so as to hereafter
read as follows:
P3103.1 Roof extension. Open vent pipes that extend
through a roof shall be terminated not less than 18 inches above the
roof or 18 inches above the anticipated snow accumulation, whichever
is greater. Where a roof is to be used for any purpose other than
weather protection, vent pipes shall terminate not less than seven
feet above the roof.
(5)
The International Residential Code, 2018 Edition, is hereby supplemented
by including therein the following Appendixes:
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Appendix A
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Sizing and Capacities of Gas Piping
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Appendix B
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Sizing of Venting Systems Serving Appliances Equipped with Draft
Hoods, Category I Appliances, and Appliances listed for Use with Type
B Vents
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Appendix C
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Exit Terminals of Mechanical Draft and Direct Vent Venting Systems
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Appendix D
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Recommended Procedure for Safety Inspection of an Existing Appliance
Installation
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Appendix E
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Manufactured Housing Used as Dwellings
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Appendix F
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Passive Radon Gas Controls
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Appendix G
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Piping Standards for Various Applications
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Appendix H
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Patio Covers
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Appendix J
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Existing Buildings and Structures
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Appendix K
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Sound Transmission
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Appendix M
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Home Day Care, R-3 Occupancy
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Appendix N
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Venting Methods
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Appendix O
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Automatic Vehicular Gates
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Appendix P
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Sizing of Water Piping System
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Appendix T
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Recommended Procedure for Worst-Case Testing of Atmospheric
Venting Systems
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Appendix U
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Solar-Reading Provisions - Detached One-and Two-Family Dwellings,
Multiple Single-Family Dwellings (Townhouses)
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J.
The International Wildland-Urban Interface Code is hereby revised
as follows:
(1)
Section 101.1: Insert "Borough of West Reading, Berks County, Pennsylvania"
in place of the words "[NAME OF JURISDICTION]."
K.
The Uniform Construction Code shall also apply to all residential
utility and miscellaneous use structures with a building area of more
than 500 square feet.
(1)
All alterations to residential buildings which do not make structural
changes or changes to means of egress and repairs to residential buildings
shall be subject to compliance with the Uniform Construction Code
as contained in 34 Pa. Code, Chapters 401 through 405, and as amended
from time to time; provided, however, that the following repairs and
alterations shall be exempt from such compliance:
(a)
Fences that are not six feet in height.
(b)
Sidewalks and driveways that are 30 inches or less above adjacent
grade, not placed over a basement or story below them, and not located
in pedestrian passageways.
(c)
Exterior or interior painting, papering, tiling, carpeting,
flooring, and similar finish work.
(d)
Retaining walls less than four feet in height unless the wall
supports a surcharge.
(e)
Prefabricated swimming pools that are less than 24 inches deep.
(f)
All exterior decks that are 30 inches or less above grade and
not attached to any structure.
(g)
Swings and other playground equipment accessory to a one-family
or two-family dwelling.
(h)
Window awnings supported by an exterior wall which do not project
more than 54 inches from the exterior wall and do not require additional
support.
(i)
Replacement of glass in any window or door. However, the replacement
glass shall comply with the minimum requirements of the International
Residential Code.
(j)
Replacement of a window, door, garage door, storm window and
storm door in the same opening if the dimensions of framing of the
original openings are not enlarged. The installation of means of egress
and emergency escape windows must be made in the same opening without
altering the dimensions of framing of the original opening, to be
exempt.
(k)
Replacement of existing siding or installation of siding over
existing exterior wall covering.
(l)
Repair or replacement of any part of a porch or stoop, which
is not a structural element.
(m)
Installation of additional roll, batt, or blown-in insulation.
(n)
Replacement of exterior rainwater gutters and leaders.
(o)
Installation or replacement of aluminum or vinyl soffit, fascia,
or other exterior trim.
(p)
Minor electrical work for the following:
[1]
Replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed receptacles.
[2]
Replacement of a receptacle, switch or lighting fixture rated
at 20 amps or less and operating at less than 150 volts to ground
with a like or similar item. This does not include replacement of
receptacles in locations where ground-fault interrupter protection
is required.
[3]
Replacement of installed electrically operated equipment, such
as doorbells, communication systems, security systems and any motor-operated
device.
[4]
Installation, alteration or rearrangement of communications
wiring or security wiring.
[5]
Replacement of dishwashers.
[6]
Replacement of range hoods.
(q)
The following gas work:
(r)
The following mechanical work or equipment:
[1]
A portable heating appliance.
[2]
Portable ventilation appliances.
[3]
A portable cooling unit.
[4]
Steam, hot or chilled water piping within any heating or cooling
equipment governed under the Uniform Construction Code.
[5]
Replacement of any minor part that does not alter approval of
equipment or make the equipment unsafe.
[6]
Self-contained refrigeration systems containing 10 pounds or
less of refrigerant or that are put into action by motors of one horsepower.
[7]
Portable evaporative cooler.
[8]
A portable fuel cell appliance that is not connected to a fixed
piping system and is not interconnected to a power grid.
(s)
The following plumbing work:
[1]
Replacement of bib valves if replacement hose bib valves are
provided with an approved atmospheric breaker.
[2]
Replacement of ball cocks.
[3]
Repair of leaks.
[4]
Clearance of stoppages.
[5]
Replacement of faucets or working parts of faucets.
[6]
Replacement of valves other than shower or combination shower/bath
valves.
[7]
Replacement of traps, if not buried.
[8]
Replacement of domestic clothes washers and dishwashers.
(t)
The following heating, ventilation, and air-conditioner work:
[1]
Replacement of motors, pumps, and fans of the same capacity.
[2]
Repair and replacement of heating, supply and return piping
and radiation elements, which do not require rearrangement of the
piping system.
[3]
Repair of ductwork.
[4]
Repair of air-conditioning equipment and systems.
[5]
Repair and replacement of control devices for heating and air-conditioning
equipment.
[6]
Replacement of kitchen range hoods.
[7]
Replacement of clothes dryers if there is no change in fuel
type, location, or electrical requirements.
[8]
Replacement of stoves and ovens if there is no change in the
fuel type, location, or electrical characteristics.
(2)
An ordinary repair does not require a permit. The following are not
ordinary repairs:
(a)
Cutting away a wall, partition, or portion of a wall.
(b)
The removal or cutting of any structural beam or load-bearing
support.
(c)
The removal or change to any required means of egress or rearrangement
of parts of a structure affecting the means of egress.
(d)
The addition to, alteration of, replacement or relocation of
any standpipe, water supply, sewer drainage, drain leader, gas, soil,
waste, vent, or similar piping, electric or mechanical.
(3)
A permit is not required for the installation, alteration or repair
of generation, transmission, distribution, metering or other related
equipment under the ownership or control of public service agencies.
A.
Administration and enforcement of the codes hereby adopted within
the Borough shall be undertaken in any of the following ways as determined
by Borough Council from time to time by resolution:
(1)
By
the designation of an employee of the Borough to serve as the Borough
Building Code Official to act on behalf of the Borough.
(2)
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough.
(3)
By agreement with one or more other municipalities for the joint
administration and enforcement of the Act through an intermunicipal
agreement.
(4)
By entering into a contract with another municipality for the administration
and enforcement of the Act on behalf of the Borough.
(5)
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
B.
In addition to other remedies, any person who shall violate any provision
of this article or fail to comply therewith or with any of the requirements
thereof shall be charged with a summary offense, punishable by a fine
of no more than $1,000 or by imprisonment not exceeding 10 days, or
by both such fine and imprisonment. Each day that a violation continues
after due notice has been served may be deemed a separate offense.
[Added 4-20-2010 by Ord. No. 992]
A Board of Appeals shall be established by resolution of the
Borough Council in conformity with the requirements of the relevant
provisions of the code, as amended from time to time, and for the
purposes set forth therein. If at any time enforcement and administration
is undertaken jointly with one or more other municipalities, said
Board of Appeals shall be established by joint action of the participating
municipalities.
Nothing in this article or in the codes hereby adopted shall
be construed to affect any suit or proceeding impending in any court,
or any rights acquired, or liability incurred, or any cause or causes
of action acquired or existing, under any act or ordinance hereby
repealed; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this article.
A.
All building code ordinances or portions of ordinances which were
adopted by the Borough on or before July 1, 1999, and which equal
or exceed the requirements of the codes hereby adopted shall continue
in full force and effect until such time as such provisions fail to
equal or exceed the minimum requirements of the codes hereby adopted,
as amended from time to time.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article and whose requirements
are less than the minimum requirements of the codes hereby adopted
are hereby amended to conform with the comparable provisions of the
codes hereby adopted.
C.
All relevant ordinances, regulations and policies of the Borough
not governed by the codes hereby adopted shall remain in full force
and effect.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this chapter and the codes hereby adopted shall
be established by the Borough Council by resolution from time to time.
